Privacy Policy and Terms of Use

1. Service Description
The DEEPWERK is a Telegram bot that generates videos and images based on user input, 
including music and personalized models. Users can upload audio files, voice messages, 
text messages or images, and the bot will return AI-generated videos or images. 
Users can also train a personalized model by uploading 10 or more images of themselves, 
which can be used to generate content featuring a likeness of the user.

2. Content Policies
  • User Content: Users must own the rights to any content they upload, including images 
    and audio files. Uploading offensive, illegal, or copyrighted materials is strictly 
    prohibited. Users must not upload images of others without their explicit consent.
  • Image and Audio File Guidelines:
    • Audio Files: Users can upload audio files with a maximum size of 20 MB.
    • Image Files: Users can upload images for model training. Images must be of themselves, 
      and users must not upload images of others without their explicit consent.

3. Data Handling

3.1 Data Collection
  • Images: Photographs you upload for the purpose of training your personalized model.
  • Audio Files: Any audio content you provide for generating AI videos.
  • Voice Messages: Voice messages you send, which may be used for generating AI content 
    or for communication purposes.
  • Text Messages: Text messages, commands, and other textual inputs you provide 
    while interacting with the service.
  • User Identifiers: Your Telegram user ID and username for identification 
    and communication purposes.
  • Generated Content: AI-generated videos and images produced for you.
  • Usage Data: Information about how you interact with the service, 
    such as commands used, timestamps, and interaction logs.

3.2 Purpose of Data Processing
Your personal data is collected and processed for the following purposes:
  • Service Provision: To create and train personalized AI models based on your images 
    and to generate customized videos and images as per your requests.
  • Service Improvement: To analyze and improve the quality and functionality of our services.
  • Communication: To send you updates, respond to your inquiries, and provide customer support.
  • Legal Compliance: To comply with applicable laws, regulations, and legal processes.

3.3 Legal Basis for Processing
We process your personal data based on the following legal grounds:
  • Consent: By uploading your images and audio files and using our service, 
    you give us explicit consent to process your personal data for the purposes 
    described in these Terms of Use.
  • Legitimate Interests: For improving our services and ensuring the security 
    and integrity of our platform.

3.4 Data Retention
  • Personal Data Retention: Your personal data, including uploaded images, audio files, 
    and trained models, will be retained for as long as necessary to fulfill the purposes 
    outlined in these Terms of Use and as required by applicable law. Typically, personal 
    data is retained for up to one year from your last interaction with the service.
  • Deletion Requests: You may request the deletion of your personal data at any time by 
    contacting us at data@deepwerk.io. Upon verification of your identity, we will delete 
    your data within a reasonable timeframe, unless we are required to retain it for 
    legal reasons.

3.5 Data Protection
We are committed to protecting your personal data and implement appropriate technical 
and organizational measures to safeguard it against unauthorized or unlawful processing 
and against accidental loss, destruction, or damage.
  • Security Measures: Data encryption, secure storage solutions, and access controls 
    are employed to protect your data.
  • Access Limitation: Only authorized personnel have access to your personal data, 
    and they are bound by confidentiality obligations.

3.6 Data Sharing
  • Third-Party Service Providers: We may share your personal data with trusted 
    third-party service providers (such as Amazon AWS and Wasabi Technologies) for 
    data storage and processing. These providers are contractually obligated to 
    protect your data and process it only according to our instructions.
  • Legal Requirements: We may disclose your personal data if required to do so by law 
    or in response to valid requests by public authorities.

3.7 International Data Transfers
Your personal data may be transferred to and processed in countries outside of the 
European Economic Area (EEA). In such cases, we ensure that appropriate safeguards 
are in place to protect your data, such as standard contractual clauses approved 
by the European Commission.

3.8 User Rights
Under applicable data protection laws, you have the following rights regarding 
your personal data:
  • Access: You have the right to request confirmation of whether we process your 
    personal data and to access that data.
  • Rectification: You have the right to request the correction of inaccurate 
    or incomplete personal data.
  • Erasure (Right to be Forgotten): You have the right to request the deletion 
    of your personal data under certain circumstances.
  • Restriction of Processing: You have the right to request that we restrict 
    the processing of your personal data under certain conditions.
  • Data Portability: You have the right to receive your personal data 
    in a structured, commonly used, and machine-readable format and 
    to transmit it to another controller.
  • Objection: You have the right to object to the processing of your personal data 
    based on our legitimate interests.
  • Withdraw Consent: If processing is based on consent, you have the right to withdraw 
    your consent at any time, without affecting the lawfulness of processing based 
    on consent before its withdrawal.

3.9 Exercising Your Rights
To exercise your rights, please contact us at:
  • Email: data@deepwerk.io
  • Address: Alter Fischmarkt 12, 48143 Münster
We may need to verify your identity before processing your request. We will respond 
to your request within the timeframes required by applicable law.

3.10 Data Protection Officer
If you have any questions or concerns about our data handling practices, you may contact 
our Data Protection Officer (DPO):
  • Email: data@deepwerk.io

3.11 Children’s Privacy
Our service is not intended for use by individuals under the age of 16. We do not knowingly 
collect personal data from children under 16. If you become aware that a child has provided 
us with personal data, please contact us so that we can take appropriate action.

3.12 Changes to Data Handling Practices
We may update this Data Handling section from time to time to reflect changes in our practices 
or legal requirements. It is your responsibility to review the Terms of Use periodically 
for any changes. Your continued use of the service after any modifications constitutes 
acceptance of the new Terms of Use.

4. Intellectual Property
  • User Content Ownership:
    • Users retain all rights and ownership of the audio files and images 
      they upload to the service.
    • By uploading content, users grant us a non-exclusive, worldwide, royalty-free license 
      to use, reproduce, process, and store the content solely for the purpose 
      of providing the service.
  • AI-Generated Content Rights:
    • Ownership: The ownership of AI-generated videos and images may be subject 
      to applicable laws and regulations. Due to the evolving nature of copyright 
      laws concerning AI-generated content, we make no representations regarding 
      the ownership status of such content.
    • License to Users: We grant users a non-exclusive, worldwide, royalty-free license 
      to use, reproduce, distribute, and display the AI-generated content for personal 
      and commercial purposes, in compliance with these Terms of Use and applicable laws.
    • User Responsibility: Users are responsible for ensuring that their use 
      of the AI-generated content complies with all applicable laws and does not infringe 
      upon the rights of any third parties.
  • Model Ownership and Use:
    • The personalized models generated from user-uploaded images are owned by us.
    • These models are used exclusively to provide services to the user who provided the images. 
      We will not use these models to generate content for other users or for any other purposes 
      without the user’s explicit consent.
    • Users do not have ownership rights to the models but may request the deletion 
      of their models and associated data at any time by contacting us at @DEEPWERK_humans.
  • Service Intellectual Property:
    • All rights, titles, and interests in and to the service, including but not limited 
      to software, algorithms, and infrastructure, are owned by us or our licensors.
    • Users are granted a limited, non-exclusive, non-transferable, and revocable license 
      to access and use the service in accordance with these Terms of Use.

5. User Responsibilities Regarding Intellectual Property
  • Users must ensure they have all necessary rights and permissions to upload content, 
    including images and audio files, and that such content does not infringe upon 
    the intellectual property rights or privacy rights of any third parties.
  • Users must not use the service to create content that violates copyright laws, 
    including unauthorized reproductions or derivative works.
  • Users agree not to use the AI-generated content in a manner that is illegal, offensive, 
    or infringes on the rights of others.

6. Liabilities and Disclaimers
  • Disclaimers:
    • We do not guarantee that the AI-generated content will be free from elements 
      that could infringe on third-party rights.
    • The service is provided “as is,” and we disclaim all warranties, express or implied, 
      regarding the AI-generated content.
  • Limitation of Liability:
    • We shall not be liable for any indirect, incidental, special, consequential, 
      or punitive damages, including but not limited to loss of profits, data, use, or goodwill, 
      arising from your use of the service or AI-generated content.
    • Users assume full responsibility for any use of the AI-generated content 
      and any consequences thereof.
  • Indemnification:
    • Users agree to indemnify and hold us harmless from any claims, damages, losses, 
      liabilities, and expenses (including legal fees) arising out of or in connection 
      with their use of the service or AI-generated content, including any violation 
      of these Terms of Use or infringement of any third-party rights.

Additional Considerations:
  • Disclaimer Regarding AI-Generated Content:
    • Due to the nature of artificial intelligence, the AI-generated content may produce 
      unexpected or unintended results. Users are advised to review all AI-generated 
      content before use.
    • We are not responsible for any content generated by the AI that users may find 
      offensive or objectionable.
  • Compliance with Laws:
    • Users are responsible for ensuring that their use of the service 
      and AI-generated content complies with all applicable local, national, 
      and international laws and regulations.